[HISTORY: Adopted by the Town Board of the
Town of Ghent as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-5-1998]
Every prospective purchase of goods or services
shall first be evaluated to determine the applicability of § 103
of the General Municipal Law. Every Town officer, board, department
head or other personnel with the requisite purchasing authority (hereinafter
referred to as the "purchaser") shall estimate the cumulative amount
of the items of supply or equipment needed in any given fiscal year.
That estimate shall include the canvass of other Town departments
and past history to determine the likely yearly value of the commodity
to be acquired. The information gathered and conclusions reached shall
be documented and kept with the file or other documentation supporting
the purchase activity.
[Amended 6-19-2014 by L.L. No. 2-2014]
All purchases of supplies or equipment which will exceed $20,000
in the fiscal year or public works contracts over $35,000 shall be
formally bid in accordance with the provisions of § 103
of the General Municipal Law.
[Amended 6-19-2014 by L.L. No. 2-2014]
A.
All estimated purchases of:
(1)
Less than $20,000 but greater than $10,000 shall require a written
request for a proposal (RFP) and written/fax quotes from three vendors.
(2)
Less than $10,000 but greater than $3,000 shall require an oral request
for the goods and an oral/fax quote from two vendors.
(3)
Less than $3,000 shall be left to the discretion of the purchaser.
B.
All estimated public works contracts of:
(1)
Less than $35,000 but greater than $15,000 shall require a written
request for a proposal and a written/fax proposal from three contractors.
(2)
Less than $15,000 but greater than $5,000 shall require a written
request for proposals and written/fax proposals from two contractors.
(3)
Less than $5,000 shall be left to the discretion of the purchaser.
C.
Any written request for a proposal shall describe the desired goods
the quantity and the particulars of delivery. The purchaser shall
compile a list of all vendors from whom written/fax/oral quotes have
been requested and the written/fax/oral quotes offered. All information
gathered in complying with the procedures of this guideline shall
be preserved and filed with the documentation supporting the subsequent
purchase or public works contract.
[Amended 6-19-2014 by L.L. No. 2-2014]
The Town of Ghent is authorized to award purchase contracts
and/or contracts for services as referenced herein on the basis of
either the lowest responsible bidder or "best value" as defined by
§ 163 of the New York State Finance Law. The "best value"
option may be used if it is more cost efficient over time to award
the good or service to other than the lowest responsible bidder due
to factors such as lower cost of maintenance, durability, higher quality,
availability and longer product life.
A good-faith effort shall be made to obtain
the required number of proposals or quotations. If the purchaser is
unable to obtain the required number of proposals or quotations, the
purchaser shall document the attempt made at obtaining the proposals.
In no event shall the inability to obtain the proposals or quotes
be a bar to the procurement.
Except when directed by the Town Board, no solicitation
of written proposals or quotations shall be required under the following
circumstances:
[1]
Editor’s Note: Former § 44-7, Annual review of
policy, was repealed 6-19-2014 by L.L. No. 2-2014.
[Adopted 6-19-2014 by L.L. No. 1-2014]
The Town Board of the Town of Ghent seeks to exercise the local
option set forth in § 103, Subdivision 1, of the New York
General Municipal Law, as amended by Chapter 608 of the Laws of 2011
and Chapter 2 of the Laws of 2012, which amendment authorizes the
Town to award purchase contracts and contracts for services subject
to competitive bidding under General Municipal Law § 103
on the basis of either lowest responsible bidder or "best value,"
as defined in § 163 of the New York State Finance Law. The
best value option may be used if it is more cost efficient over time
to award the good or service to other than the lowest responsible
bidder due to factors such as lower cost of maintenance, durability,
higher quality, availability and longer product life.
Generally, Municipal Law § 103, Subdivision 1, as
amended by Chapter 608 of the Laws of 2011 and Chapter 2 of the Laws
of 2012, provides that municipalities may award public contracts subject
to competitive bidding on the basis of either lowest responsible bidder
or on the basis of "best value," as defined in § 163 of
the New York State Finance Law.
As used in this article, the following terms shall have the
meanings indicated:
The basis for awarding contracts for services to the offerer
which optimizes quality, cost and efficiency, among responsive and
responsible offerers. Such basis shall reflect, wherever possible,
objective and quantifiable analysis. Such basis may also identify
a quantitative factor for offers that are small businesses or certified
minority- or women-owned business enterprises as defined in Subdivisions
1, 7, 15 and 20 of § 310 of the Executive Law to be used
in evaluation of offers for awarding of contracts for services.
The financial ability, legal capacity, integrity, and past
performance of a business entity and as such terms have been interpreted
relative to public procurements.
A bidder or other offerer meeting the minimum specifications
or requirements as prescribed in a solicitation for commodities or
services by a state agency.
The provisions of this article apply to purchase contracts involving
an expenditure of more than $20,000 and contracts for services involving
an expenditure of more than $35,000 but exclude purchase contracts
necessary for the completion of a public works contract pursuant to
Article 8 of the State Labor Law and excluding any other contract
that may in the future be excluded under state law from the best value
option. If the dollar thresholds of General Municipal Law § 103
are increased or decreased in the future by the State Legislature,
the dollar thresholds set forth herein shall be deemed simultaneously
amended to match the new General Municipal Law thresholds.
The determination of the basis of award shall be made on a case-by-case
basis pursuant to the best interests of the Town of Ghent, in consultation
with the Town Board and such other public officials, agents or employees
of the Town as the Town Board shall determine.
In each case, bidders shall be provided with sufficient notice
of the basis upon which each particular contract will be awarded.
Such notice shall be contained in the bid documents. When a contract
is to be awarded on the basis of best value, the bid documents shall
clearly indicate each factor to be considered.
Whenever any contract is awarded on the basis of best value
instead of lowest responsible bidder, the basis for determining best
value shall be documented.
